Academic Catalog

Cooperative Agreements and Contractual Relationships Policy

Policy 

1. Contract Components:

  • Contracts or agreements  should outline the scope of work or services, the business and legal framework, executing party details (college, department, or individuals), execution dates, termination clauses and authorized signatures adhering to university policies and the authority matrix. Additional considerations may be included based on specific requirements.

 

2. Contract Review: 

  • The individual or department proposing a contract is responsible for initiating the review process, providing all necessary documentation and details related to the proposed agreement.

  • The Department Manager conducts a preliminary assessment to determine the nature and complexity of the contract, assigning responsibilities for detailed review to other relevant departments.

 

3. Approval Process: 

All cooperative agreements and contractual relationships must undergo a formal approval process, including review and approval by the Legal Advisor, Finance Department and final approval by the President.

 

A. Compliance: 

  • All contracts or agreements must comply with applicable laws, regulations, and university policies.

  • Non-compliance may result in the cancellation of agreements and appropriate disciplinary actions.

  • Contracts which are academic in nature and include any changes, modifications, enhancements, partnerships, etc. with our academic programs must be submitted to QAIE for review and submission to CAA for approval before signing. 

B. Recordkeeping: 

  • Departments must provide the original signed MOU to QAIE.

  • Departments and units are responsible for maintaining comprehensive records of all cooperative agreements and contracts, including relevant correspondence, approvals, and modifications.

C. Risk Management:

  • UD emphasizes the importance of risk assessment in contractual relationships. Departments and units must identify and mitigate potential risks associated with each agreement.

 

4. Performance Evaluation:

 

4.1 For contracts or agreements with binding obligations, consider the following performance evaluation measures: 

  1. Define key performance indicators (KPIs).

  2. Establish goals where applicable.

  3. Include penalties for subpar performance, if necessary.

  4. Request regular operational or progress reports.

  5. Conduct periodic review meetings for performance discussions.

  6. Address dispute resolution and budget concerns.

  7. Validate performance through customer satisfaction surveys.

  8. Discuss survey results during periodic review meetings.


4.2 Periodic Review: 

 

A. It is the responsibility of the contract or agreement originator to conduct an annual review, ensuring the relevance to UD's mission, effective management, and fulfillment of obligations. 

 

B. Documentation of the review must be retained.

 

C. For contracts or agreements  with automatic renewals, a financial and legal review is required to determine the necessity of an updated agreement.